A suspect can only be detained for investigation by the police for not more than 24 hours. If the investigation cannot be completed and the police wish to detain the suspect for more than 24 hours, an application to extend the detention must be made to the Magistrate’s Court. This extended detention period is also known as “REMAND”.
HOW LONG WILL I BE REMANDED?
The remand period depends on the type and seriousness of the criminal offence committed. For minor criminal offences, the maximum remand period that can be given is 7 days.
Meanwhile, the maximum remand period for serious criminal offences is 14 days. However, there are also special offences based on the act for which the remand period is different.
WHAT ARE MY RIGHTS DURING REMAND?
During remand, there are several rights that a suspect cannot be denied.
The rights are:-
1. The right to be represented by a lawyer;
2. The right to contact family members;
3. The right to seek medical treatment; and
4. The right to make a complaint if you are treated badly or denied proper food, water or clothing.
If your rights above are denied, you can also apply to the court for an immediate release order.
WHAT IS BAIL?
Bail is the temporary release of a suspect/accused by bailor depositing a certain amount as collateral to ensure that the suspect/accused appears at the police station/court if required.
There are 2 types of bail, namely:-
1. Police bail
2. Court bail
Police bail is usually granted after the remand period has expired and the police have still not decided whether to proceed with the charge or not.
Court bail is granted after the charge has been read out.
Bail can also be accompanied by certain conditions depending on the case.
WHO CAN BE A BAILOR?
The requirements for a person to be a bailor are:-
1. Aged 18 years and above;
2. Malaysian citizen (for non-citizens, the person must be subject to the conditions imposed by the court);
3. Understand all the conditions imposed by the court; and
4. Be able to provide the bail amount set by the court.
The bailor must ensure the presence of the suspect/accused at the police station/court on the date and time set.
ARE ALL OFFENCES BAILABLE?
The answer is no.
There are offences that are bailable and also offences that are not bailable. However, even if the offence committed is a non-bailable offence, the accused can still apply for bail because granting bail is at the discretion of the court and this discretionary power must be exercised wisely and depends on the seriousness of the offence committed.
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